In tender matters, the scope of judicial review is limited by the principle of restraint. Unless terms are proven to be mala fide, arbitrary, or devoid of any rational nexus, courts should defer to the technical expertise and discretion of the tendering authority.

JUDGMENT :

MANISH CHOUDHURY, J.

The instant writ petition under Article 226 of the Constitution of India is preferred by the petitioner to assail a Tender Notice bearing no. ELE.13/2026/03 dated 06.02.2026 for allotment of the contract of ‘Live Web Streaming for General Elections in Assam’. The Tender Notice was published by the Chief Electoral Officer, Assam & Additional Chief Secretary to the Government of Assam, Election Department [hereinafter also referred to as ‘the Tendering Authority’, at places, for ease of reference] whereby on-line bids through e-Procurement system were invited. When the Tender Notice was published on 06.02.2026, the last date and time of bid submission was mentioned as 02-30 p.m. on 27.02.2026. It was mentioned in the Tender Notice that the bid [Technical Bid] would be opened on-line on at 03-30 p.m. on 27.02.2026. It was specifically mentioned in the Tender Notice that due to urgency of the upcoming General Election to the Assam Legislative Assembly, the submission period of bids was made limited to fourteen days. The bidders were asked to view and download the Tender Document comprising all details and terms & conditions from the portal -www.assamtenders.gov.in. It was specified in the Tender Notice that pre-bid queries would be received up to 05-00 p.m. on 11.02.2026.

2. In Clause 2.1 : ‘Scope of Work – Live Web Streaming’ of the Tender Document, the complete Scope of Work is mentioned. As per the said clause, the Scope of Work has been divided into three packages : [i] Package 1 : Live web streaming of Polling Stations; [ii] Package 2 : Live web streaming of PTZ Camera / GPS for Flying Squad Vehicles / Static Surveillance Vehicles [FSV/SSV]; and [iii] Package 3 : Live Web Streaming of Check posts across Assam. In Clause 3 of the Tender Document, the minimum eligibility criteria were laid down. The agencies submitting their proposals must meet the minimum eligibility criteria to qualify for further technical evaluation.

3. As the subject-matter of challenge in the instant writ petition is limited to three specific minimum eligibility criteria, for the purpose of brevity, the discussion is, at first, kept limited to the said three criteria.

4. For ready reference, the said three eligibility criteria are extracted hereinbelow :-

3. Minimum Eligibility Criteria The agencies submitting their proposals must meet the following minimum eligibility criteria to qualify for further Technical Evaluation :

3.1. Minimum Eligibility Criteria

4. Assailing the three eligibility criteria, the petitioner has preferred the instant writ petition.

5. I have heard Mr. A. Saxena, learned counsel assisted by Mr. N. Gautam, learned counsel for the petitioner; Ms. S. Katakey, learned Standing Counsel, Election Commission of India [ECI] for the respondent nos. 1, 2 & 3; and Mr. S.R. Baruah, learned Junior Government Advocate, Assam for the respondent no. 4.

6. Mr. Saxena, learned counsel appearing for the petitioner has submitted that Clause 2.1 : ‘Scope of Work - Live Web Streaming’ has been divided into three packages whereas in a number of elections in other States like Utter Pradesh, Kerala, etc., such division into separate packages was not done. The petitioner has contended that it has successfully c